College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia

Terry Hsien Yau Cheng (00117)

Date of action: March 2, 2010

Nature of Action

The inquiry Committee accepted a consent order from the Registrant under s. 33 (6)(c) and 36 of the Health Professions Act. Under the terms of the consent order, the Registrant consents to: (a) the immediate cancellation of his registration as a registered acupuncturist with the College; (b) receive a reprimand from the College; (c) refrain from the inappropriate touching of patients; and (d) not seek reinstatement for a period of at least five years from the date of the Consent Order. In the event that the Registrant makes an application for reinstatement at the end of the five year period, he has agreed to the following conditions:

  1. the requirement to attend , at his cost, for a psychiatric evaluation and such other assessments as the Registration Committee directs by experts appointed by the College to ensure that he does not pose a risk to public safety
  2. the requirement to successfully complete a skills assessment, at his cost, as directed by the Registration Committee, to ensure that he is competent to return to practice
  3. the requirement to successfully complete such other courses, at his costs, as directed by the Registration Committee
  4. consent to the imposition of a condition on his registration, if directed by the Registration Committee, that he will not examine or treat female patients without an adult chaperone present; and
  5. consent to the imposition of a condition on his registration, if directed by the Registration Committee, that he will post a notice in the reception area of his office or such other place as can be readily viewed by patients entering his office, indicating in English and Chinese that fem ale patients must have an adult chaperone present during examinations or treatments.

Reasons

The College was notified by the Port Alberni RCMP that the they were conducting a criminal investigation with respect to the Registrant as a result of two complaints of sexual misconduct filed by two of his former female patients. The inquiry Committee initiated an investigation under s. 33(4) of the Health Profession Act. The College subsequently received statements from two further female complainants alleging inappropriate touching by the Registrant during treatments. Criminal charges were not approved. In October, 2009, the Registrant indicated the he was prepared to consent to the cancellation of his registration in response to the Inquiry Committee's investigation. After considering the allegations from the complainants, the Registrant's response and clinical records, the Inquiry Committee determined that it was prepared to accept a consent order under ss. 33(6)(c) and 36 of the Act which would cancel the Registrant's registration for a period of at least five years and address the conditions for reinstatement to ensure public safety in the event that he seeks reinstatement at the expiration of five years because the allegations raised significant public safety concerns and cancellation of the Registrant's registration would adequately address any risk without further delay. The Inquiry Committee determined that the remedial action under the consent order would be similar to the order that the College would seek in a disciplinary hearing.